Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Suspended car driving licence

Reply to topic
Bike Chat Forums Index -> New Bikers Goto page 1, 2  Next
View previous topic : View next topic  
Author Message

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 13:35 - 02 Dec 2015    Post subject: Suspended car driving licence Reply with quote

Hi guys, my name is Alberto and i am spanish. A year ago my driving licence was suspended in spain because of driving my car a bit drunk (not proud of it and never doing itagain in my life Rolling Eyes ). I got suspended for 2 years, so next june i am getting my licence back.
The question is, now that i live and work in London can I apply for a provisional driving licence and do the theory test and cbt? even if i cant drive till june when i get my licence back. Just to go doing things quicker so in summer i can do the D.A.S.
Thank you very much for your help Smile Wink
 Back to top
View user's profile Send private message You must be logged in to rate posts

toerag
Two Stroke Sniffer



Joined: 21 May 2015
Karma :

PostPosted: 15:11 - 02 Dec 2015    Post subject: Reply with quote

UK residents are sent applications to renew their licence 56 days before the end of the disqualification period.

You can apply for a provisional and maybe even do your theory test, but as above i don't think you will get much joy from the DVLA until 2 months before your ban expires.

Even if you did receive a licence, the start date would only be valid from the end date of the suspension.

You would have to wait until your ban is up before you'd be able to legally ride, and i'm guessing this would include your CBT as a portion of the training includes a section of riding on the road.
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 15:18 - 02 Dec 2015    Post subject: Reply with quote

thanks for answering, no i wouldn´t ride until i get my licence back it would just be so when i get my licence back i can already start riding bikes rather than starting to do everything,so thats what i wanted to know, maybe i´ll email DVLA or call them, if not ill just wait till summer and save some money for my future bike meanwhile Rolling Eyes
 Back to top
View user's profile Send private message You must be logged in to rate posts

ScaredyCat
World Chat Champion



Joined: 19 May 2012
Karma :

PostPosted: 15:21 - 02 Dec 2015    Post subject: Reply with quote

Are you saying your Spanish driving license was suspended or your UK license was suspended while you were driving in Spain?

Does a driving ban in Spain (when using a Spainish license) prevent you from applying for a provisional, taking and passing your tests in the UK? Or Vice versa?
____________________
Honda CBF125 ➝ NC700X
Honda CBF125 ↳ Speed Triple
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 15:23 - 02 Dec 2015    Post subject: Reply with quote

my spanish licence was suspended. And that is what i want to know Laughing
 Back to top
View user's profile Send private message You must be logged in to rate posts

grr666
Super Spammer



Joined: 16 Jun 2014
Karma :

PostPosted: 15:28 - 02 Dec 2015    Post subject: Reply with quote

alber697 wrote:
maybe i´ll email DVLA or call them

Yeah, that should clarify things perfectly.
Do tell us how you get on with that. Thumbs Up
____________________
Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off. Thumbs Up
 Back to top
View user's profile Send private message You must be logged in to rate posts

Polarbear
Super Spammer



Joined: 24 Feb 2007
Karma :

PostPosted: 15:37 - 02 Dec 2015    Post subject: Reply with quote

Just incase your English isn't too good, grr666 was being VERY sarcastic Laughing

Getting any sense out of the DVLA is very pot luck, and even when they give you an answer, at times they have been proved to be wrong Thumbs Down

Wankers them taffys in SA99 Brick Wall
____________________
Triumph Trophy Launch Edition
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 15:45 - 02 Dec 2015    Post subject: Reply with quote

i've just emailed them, pretty sure the answer will be ´´not until suspension finishes´´, if i do get one, but worth a try....
 Back to top
View user's profile Send private message You must be logged in to rate posts

stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :

PostPosted: 15:49 - 02 Dec 2015    Post subject: Reply with quote

The correct answer is no you can't.

You should wait until you get your Spanish driving licence back then exchange it for a UK one and take it from there.

In reality, I wonder how joined-up the UK and Spanish authorities are. I know the UK ones are spectacularly incompetant at the best of times (took them 10 years and 12 licences to spell my surname correctly) so if the Spanish ones are similarly useless Thinking

I suspect there is a fairly high chance you'd get away with applying for a virgin UK licence from a UK address and carrying on as if nothing was amiss. Just be aware you would be committing several fairly serious offences if you were found out.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 15:52 - 02 Dec 2015    Post subject: Reply with quote

stinkwheel wrote:
The correct answer is no you can't.

You should wait until you get your Spanish driving licence back then exchange it for a UK one and take it from there.

In reality, I wonder how joined-up the UK and Spanish authorities are. I know the UK ones are spectacularly incompetant at the best of times (took them 10 years and 12 licences to spell my surname correctly) so if the Spanish ones are similarly useless Thinking

I suspect there is a fairly high chance you'd get away with applying for a virgin UK licence from a UK address and carrying on as if nothing was amiss. Just be aware you would be committing several fairly serious offences if you were found out.

yep pretty useless aswell over there, don´t want anything else but the money. Oh well i´ll just have to wait for 7 months and then do everything...
Thanks!
 Back to top
View user's profile Send private message You must be logged in to rate posts

toerag
Two Stroke Sniffer



Joined: 21 May 2015
Karma :

PostPosted: 15:58 - 02 Dec 2015    Post subject: Reply with quote

ScaredyCat wrote:
Does a driving ban in Spain (when using a Spainish license) prevent you from applying for a provisional, taking and passing your tests in the UK? Or Vice versa?


In short, yes.

Now that licences are styled "EU model licence", bans issued in a country where you are a resident apply to all countries that recognise the EU model licence.
If you were however just visiting, your licence must be returned when you leave and you would be allowed to continue driving (should your insurance allow) in other countries.

*may need more researching or even correcting


Last edited by toerag on 16:01 - 02 Dec 2015; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

Teflon-Mike
tl;dr



Joined: 01 Jun 2010
Karma :

PostPosted: 15:58 - 02 Dec 2015    Post subject: Reply with quote

No such Thing as a 'Spanish' Driving Licence or a 'British' Driving Licence any more.. We are all European - We have British 'issued' European Driving Licence.

Next a Driving Licence is a Driving Licence. There is but one.

You have a driving licence - that licence then offers 'entitlement' for different classes of vehicle; entitlement that may be 'provisional', before you have passed a test for that group, or 'full' having passed tests for it.

OP you have been banned in Spain, you have been banned in all Europe.

You have had all licence 'privileges' suspended. You may not drive or ride a motorbike until your period of suspension has lapsed.

If you have moved to the UK and are now a resident here, you are obliged to get your European licence re-issued from the UK Issuing office, to reflect your UK residential address.

This does not give you a 'new' European Licence, it gives you the same European Licence you currently have 'suspended'; only thing that changes is the address, entitlement it offers that are currently 'suspended' remain suspended.

You have NO licence entitlements, in Spain, or here in the UK or the rest of Treaty Europe... full and provisional, suspension suspends them ALL.
____________________
My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?'
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 01:53 - 03 Dec 2015    Post subject: Reply with quote

https://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a14

Why is there no mutual recognition of disqualifications with other EU Member States?

We agree in principle that cooperation over disqualifications between Member States other than with Ireland is desirable. Any EU Member State may wish to enter into similar arrangements with us in the future. At this stage we have no expectation of any other Member State doing this. If they did we would need further Regulations in the UK and, if changes in arrangements were contemplated, further public consultation would be needed. The arrangements with Ireland will provide us with practical experience in advance of possible future approaches from other Member States.

How does mutual recognition of driving disqualifications affect driving licence holders from other EEA Member States?

The mutual recognition arrangements apply to residents of Ireland and the UK, regardless of nationality or the origin of the driving licence. It is possible that persons normally resident in UK or Ireland may be licence holders of other EEA (i.e. any EU Member States or Norway, Liechtenstein or Iceland). Whilst such a licence holder would be disqualified from driving in UK or Ireland, this would not affect their right to drive elsewhere in the EEA. Sections 65 (4) (5) and (6) of CICA cover this situation.
___________

My english isn´t the best but of what i understand, I can drive in Uk and Ireland if i pass my licence here Rolling Eyes still not sure lol
 Back to top
View user's profile Send private message You must be logged in to rate posts

toerag
Two Stroke Sniffer



Joined: 21 May 2015
Karma :

PostPosted: 03:35 - 03 Dec 2015    Post subject: Reply with quote

alber697 wrote:


This currently only applies to UK and Ireland, which essentially means if you are a resident or a visitor, a ban is a ban is a ban.

The idea is to stop drivers banned in another country returning to their own country and escape the ban by being able to drive as if nothing happened.

alber607 wrote:
My english isn´t the best but of what i understand, I can drive in Uk and Ireland if i pass my licence here Rolling Eyes still not sure lol


Yes, you will be able to drive in any country that recognises your licence.
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 04:12 - 03 Dec 2015    Post subject: Reply with quote

DVLA have emailed me back:

An applicant who is disqualified in Spain cannot obtain a full licence in exchange since a disqualification imposed in this country can be taken into account. Section 88(1B) of The Road Traffic Act 1988 as amended. If a Certificate/Letter of Entitlement is produced and this confirms that the licence is currently disqualified/revoked, it will not be accepted.



An application for a Provisional licence from a driver who has been disqualified in Spain should also be rejected unless the applicant was disqualified until a further test had been passed. In these limited circumstances a Provisional driving licence may be granted.


I hope this information is of assistance.

__

So i suppose i will have to wait until my suspension in Spain finishes in june 2016 Sad
 Back to top
View user's profile Send private message You must be logged in to rate posts

ScaredyCat
World Chat Champion



Joined: 19 May 2012
Karma :

PostPosted: 09:17 - 03 Dec 2015    Post subject: Reply with quote

DVLA wrote:
An applicant who is disqualified in Spain cannot obtain a full licence in exchange since a disqualification imposed in this country can be taken into account. Section 88(1B) of The Road Traffic Act 1988 as amended. If a Certificate/Letter of Entitlement is produced and this confirms that the licence is currently disqualified/revoked, it will not be accepted.


Which makes perfect sense, you couldn't send off a license that said you were suspended and expect to change it for a UK one. You can only do that once the ban is over.

However...

DVLA wrote:

An application for a Provisional licence from a driver who has been disqualified in Spain should also be rejected unless the applicant was disqualified until a further test had been passed. In these limited circumstances a Provisional driving licence may be granted.



Since we already know that they don't exchange the data on who has been banned with any country in the EU other than Ireland... how would they know to reject an application from a driver banned, for example, in Spain when that driver applies for a UK provisional.

Note, is says 'should' in there too.. I wonder if that's just opinion, not actual fact.
____________________
Honda CBF125 ➝ NC700X
Honda CBF125 ↳ Speed Triple
 Back to top
View user's profile Send private message You must be logged in to rate posts

toerag
Two Stroke Sniffer



Joined: 21 May 2015
Karma :

PostPosted: 10:21 - 03 Dec 2015    Post subject: Reply with quote

@Albef697 Are you required to retake your licence test under the ban/suspension? Or would the Spanish authorities just be returning your licence?

If you are required to retake a test, then the DVLA might accept your provisional application, but because it's a drink/drive ban they need to check if you have previous and wether you are likely to re-offend.

If you are not required to take your test then, you would have to wait out your ban.
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 10:47 - 03 Dec 2015    Post subject: Reply with quote

the 26th of june they give me my spanish licence back without any tests, I just have to go there and pick it up in court
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 10:49 - 03 Dec 2015    Post subject: Reply with quote

So i still dont know if i can or i can´t, oh well, guess i´ll wait
 Back to top
View user's profile Send private message You must be logged in to rate posts

toerag
Two Stroke Sniffer



Joined: 21 May 2015
Karma :

PostPosted: 11:23 - 03 Dec 2015    Post subject: Reply with quote

You'll just have to wait until your suspension runs out.

Do not pass go, do not collect $200. Laughing
 Back to top
View user's profile Send private message You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 12:33 - 03 Dec 2015    Post subject: Reply with quote

Well i have just applied for a provisional licence:::::



Your DVLA Application
Acciones
[email protected] ([email protected]) Agregar a contactos 12:22 Conservar este mensaje en la parte superior de la bandeja de entrada

[email protected]


Thank you for submitting your driving licence application online.

Your payment has been accepted but in order for DVLA to complete your application, it requires you to do one more thing.

You must send some information to DVLA.

You will receive an application completion form in the post - please allow 1 week for delivery. Please complete this form and return it to DVLA so that your driving licence application can be submitted for validation checks.

Your driving licence is an official document and all applications are subject to DVLA's identity checking system.

Once DVLA has received your form it will be able to carry out the necessary checks and deal with your application as soon as possible.

Please print this page, and/or make a note of the application reference number and Government Gateway User ID listed below, in case you have a query. You can use your User ID and password to log on and check the progress of your application.
_________________________________

and in the process they ask me if i am disqualified in uk or any other EU country, and i say yes, Spain...
So not doing anything illegal, i have answered everything correctly.
and they have charged me the 34 pounds...


Last edited by alber697 on 23:52 - 03 Dec 2015; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

Teflon-Mike
tl;dr



Joined: 01 Jun 2010
Karma :

PostPosted: 15:52 - 03 Dec 2015    Post subject: Reply with quote

This illustrates the difference between 'Possible' and 'Legal'
____________________
My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?'
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

Pete.
Super Spammer



Joined: 22 Aug 2006
Karma :

PostPosted: 21:17 - 03 Dec 2015    Post subject: Reply with quote

well fair play to you for attempting it with your full name and email on public view. If they can't catch you out now they really don't deserve to catch you out at all Very Happy
____________________
a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

alber697
Derestricted Danger



Joined: 02 Dec 2015
Karma :

PostPosted: 21:27 - 03 Dec 2015    Post subject: Reply with quote

Pete. wrote:
well fair play to you for attempting it with your full name and email on public view. If they can't catch you out now they really don't deserve to catch you out at all Very Happy


Well i have told the truth all moment, if they do give me a licence i don´t think i would be doing anything illegal
 Back to top
View user's profile Send private message You must be logged in to rate posts

ScaredyCat
World Chat Champion



Joined: 19 May 2012
Karma :

PostPosted: 22:33 - 03 Dec 2015    Post subject: Reply with quote

alber697 wrote:

Your DVLA Application
Acciones
[email protected] ([email protected]) Agregar a contactos 12:22 Conservar este mensaje en la parte superior de la bandeja de entrada
Para: <Whut>
[email protected]


You might want to remove your email address from that...

.. because BCF ...
____________________
Honda CBF125 ➝ NC700X
Honda CBF125 ↳ Speed Triple
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 10 years, 275 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> New Bikers All times are GMT + 1 Hour
Goto page 1, 2  Next
Page 1 of 2

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.13 Sec - Server Load: 0.29 - MySQL Queries: 14 - Page Size: 134.64 Kb